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Complete Copy of these General Orders

E.D. Ark. Standing Order — Complete Copy of these General Orders

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN THE MATTER OF THE TERMINATION OF CRIMINAL APPEALS GENERAL ORDER NO. 1 When a mandate from the Supreme Court of the United States or the Eighth Circuit Court of Appeals is received in the District Clerk’s office indicating the affirmance of all or a portion of a judgment and sentence of conviction, the District Clerk shall comply with the following procedures: (A) In all cases where the sentence affirmed requires imprisonment of the defendant, the Clerk is authorized and directed to enter an order (pursuant to this General Order) directing the surrender of the defendant to the United States Marshal. The Clerk is given the authority to order the surrender forthwith or, for good cause, to grant an extension not to exceed fourteen (14) days from the date his office receives the mandate, provided, however, that for mandates received on or after December 1 of a given calendar year and before and including December 24, the Clerk shall order the surrender of the defendant to the United States Marshal on the first business day of the Marshal=s office after January 1 of the next calendar year. A form order will suffice, such as the copy attached hereto. A copy of the order shall, immediately after entry thereof, be delivered to the United States Marshal=s office. (B) Where the sentence affirmed requires no imprisonment, but requires a period of probation and/or a fine, the District Clerk will advise the Probation Office of the receipt of the mandate by an appropriate notice, which may be in the form of the notice attached hereto. This notice may be mailed or delivered to the United States Probation Office. 1 The order or notice required of the Clerk by this General Order shall be entered or given by the Clerk not later than the next working day after the receipt of the mandate. Copies of the order or notice required will also be forwarded forthwith to the United States Attorney=s Office, to the defendant=s attorney, and to the bondsman for the defendant, if any, by regular mail. ENTERED this 7th day of December, 1978. FOR THE COURT: /s/ Garnett Thomas Eisele GARNETT THOMAS EISELE, CHIEF JUDGE UNITED STATES DISTRICT COURT /s/ Oren Harris OREN HARRIS UNITED STATES DISTRICT JUDGE Amended November 10, 2009 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS (Style of Criminal Case) ORDER TO SURRENDER The judgment and sentence of the Court requiring the imprisonment of the defendant(s) having been affirmed and the mandate of the appellate court having been received in the Clerk=s office for the Eastern District of Arkansas, It is hereby Ordered, pursuant to the General Order of this Court dated the 12th day of June, 1975, that the defendant(s) surrender to the custody of the United States Marshal by presenting himself at the office of the United States Marshal, Room 416, United States Post Office and Court House, Little Rock, Arkansas, between the hours of 9:00 a.m. and 12:00 noon on the ____ day of __________, 19___. Entered this _____ day of __________, 19___. FOR THE COURT ______________________________ United States District Clerk (Alternative) 3 (Style of Criminal Case) ORDER TO SURRENDER The judgment and sentence of the Court requiring the imprisonment of the defendant(s) having been affirmed and the mandate of the appellate court having been received in the Clerk=s office for the Eastern District of Arkansas, It is hereby Ordered, pursuant to the General Order of this Court dated the 12th day of June, 1975, that the defendant(s) surrender forthwith to the United States Marshal at Room 416, United States Post Office and Court House, Little Rock, Arkansas. Entered this _____ day of __________, 19___. FOR THE COURT _______________________________ United States District Clerk 4 (To the United States Probation Office) NOTICE OF RECEIPT OF MANDATE On the ______ day of ________________, 19___, the Clerk=s office for the Eastern District of Arkansas received the mandate from the appellate court affirming a judgment and sentence of conviction requiring the defendant to serve a period of probation and/or to pay a fine. You are hereby notified to take jurisdiction of the case for the purpose of carrying out the sentence of the Court. Dated this _____ day of __________, 19___. ___________________________ United States District Clerk 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN RE STUDENT PRACTICE RULE GENERAL ORDER NO. 15 The judges of this Court hereby adopt the attached Student Practice Rule for the Eastern District of Arkansas DATED this 16th day of May, 1980. FOR THE COURT /s/ Garnett Thomas Eisele GARNETT THOMAS EISELE, CHIEF JUDGE UNITED STATES DISTRICT COURT STUDENT PRACTICE RULE FOR THE EASTERN DISTRICT OF ARKANSAS A. Admission and Representation Any eligible law student in a law school accredited by the Arkansas Bar Association may, under the conditions stated herein, interview and advise clients, prepare documents for filing with the Court, negotiate, and appear before any magistrate or district court judge in this district. B. Eligibility For a student to be eligible to practice under this Rule, the following requirements must be met: 1. The conduct of the case must be under the supervision of a member of the bar of this Court; a. All documents prepared by the student and filed with the Court shall be signed by the student and the supervising attorney. b. When a student appears at the taking of an oral deposition, the supervising attorney must be present. c. The supervising attorney must be present with and prepared to assist the student at any court appearance. d. The supervising attorney must assume full professional responsibility for the student=s work. 2. The student must be in his or her final two semesters of law school. 3. No fee may be charged or collected from any person for the student=s representation. This does not bar any legal aid organization or any lawyer from compensating the student for services rendered. 4. Written consent must be given by the supervising attorney and by the client for the student to be eligible to practice under this Rule. C. Certification Certification of a student by a law school shall be filed with the clerk of the Court, attesting that the student is in the final two semesters of law school. Upon the filing of said certification, the student shall be authorized to practice pursuant to this Rule. D. Termination Certification shall terminate if the student does not take the first bar examination following his or her graduation, or if he or she fails it, or if he or she is admitted to full practice before the Court. Otherwise, unless sooner withdrawn by the dean or terminated by a judge of this Court, the certification shall remain in effect for twelve months after the date filed or unless, upon application by the dean of the law school, the Chief Judge of the district shall extend the privilege. The law school may withdraw the certification at any time by submitting a notice to that effect to the clerk of the Court. It is not necessary that the notice state the cause for the withdrawal. Any judge of this Court may terminate the admission to limited practice at any time without notice or hearing of showing of cause. IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN RE MAGISTRATE DUTIES AND RESPONSIBILITIES GENERAL ORDER NO. 17 Under the Rules of this Court, the full-time United States Magistrates of this district are authorized to conduct debtor examinations. On occasion, persons who have been summoned to appear at such examinations fail to do so, and it appears that there is a need to direct such persons to show cause why they should not be held in contempt of court. THEREFORE, the Court hereby authorizes the full-time Magistrates of this district to issue show cause orders, conduct necessary hearings on such matters, and to report and recommend to the District Court the action they feel should be taken. IT IS SO ORDERED. DATED this 24th day of February, 1981. /s/ Garnett Thomas Eisele GARNETT THOMAS EISELE, CHIEF JUDGE UNITED STATES DISTRICT COURT IN THE UNITED STATES DISTRICT COURT EASTERN AND WESTERN DISTRICTS OF ARKANSAS IN RE FULL-TIME UNITED STATES MAGISTRATES GENERAL ORDER NO. 19 Pursuant to the authorization of the Judicial Conference of the United States at its September, 1980, meeting, the full-time United States magistrates in both the Eastern and Western Districts of Arkansas are hereby authorized to perform the duties of a magistrate in either district of the state. DATED this 21st day of August, 1981. FOR THE COURT /s/ Garnett Thomas Eisele Garnett Thomas Eisele, Chief Judge Eastern District of Arkansas /s/ Paul X. Williams Paul X. Williams, Chief Judge Western District of Arkansas IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS 4.+ '--- ORDER AMENDING FORFEITURE OF COLLATERAL SCHEDULES Effective this date, Schedule D of General Order No. 20, referencing Title 36, Section 327.2b, "Parking vehicles in violation of posted restrictions" is amended by substituting "$1 5.00" for "$75.00" and Schedule E of General Order No. 20 is no longer in effect. IT IS SO ORDERED this ?? D day of August, 2005. FOR THE COURT: UNITED STATES DISTRICT COURT FORFEITURE OF COLLATERAL SCHEDULE for the EASTERN COURT DISTRICT OF ARKANSAS CODE VIOLATION FINE 327.1(d) Discriminating against a person or Mandatory persons because of sex, race, Appearance creed, color, or national origin in the conduct of operation under a Lease, License, or concession con- tract 327.2(b) Parking a vehicle inviolation of $15.00 Posted restrictions 327.2 (b) Parking a vehicle in such a manner $50.00 As to obstruct or impede the move- ment of normal traffic or the park- ing of other vehicles 327.2(b) Parking a vehicle in such a manner $100.00 as to obstruct or impede the move- ment of emergency traffic, create a safety hazard or endanger any per- son 327.2(b) Parking a vehicle in such a manner $75.00 as to endanger project property or Environmental feature 327.2(c) Operation and/or parking of a vehi- $100.00 cle off authorized roadways except at locations and time designated by the District Engineer 327.2Cc) Taking any vehicle through, around, $125.00 or beyond a restrictive sign, rec- ognizable barricade, fence, or traffic control barrier 327.2(d) Operating a vehicle in violation of $50.00 posted regulations 327 - 2(e) Operating a vehicle in a careless, $150.00 negligent, or reckless manner so as to endanger environmental features or project property 327.2(e) Operating a vehicle in a careless, $200.00 negligent, or reckless manner so as to endanger any person IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS IN RE SEARCH AND SEIZURE WARRANTS GENERAL ORDER NO. 22 Because there is a compelling interest in protecting from public disclosure all search or seizure warrant-related documents until the warrant is executed or becomes un executable and because no less restrictive alternative is practical to protect that interest, the issuing District or Magistrate Judge must maintain the confidentiality of all warrant-related documents until they are delivered to the Clerk for filing. Upon receipt of the return inventory on an executed warrant, or upon expiration of the time specified in the warrant for its execution, the Judge must deliver all warrant-related papers to the Clerk of Court for filing in a miscellaneous warrant file. In order to request that the Judge seal some or all of the documents in any miscellaneous warrant file, the United States Attorney must submit an ex parte motion to seal, along with a proposed Order granting that motion. This motion must state reasonably specific facts which establish that: (a) the government has a compelling interest in sealing the documents in question which outweighs the public=s qualified first amendment right of access to review those documents; and (b) no less restrictive alternative to sealing is appropriate or practical. Ordinarily, such a motion must be filed at the time of application for the warrant. If grounds to seal arise after the warrant has been issued, the United States may, within seven days after the Clerk has filed the warrant papers, submit an ex parte motion to seal and a proposed order. The motion must establish, in addition to the above grounds, that the basis for sealing was not known at the time of the warrant application, despite due diligence. Because there may be cases in which a person=s or other entity=s privacy interests rise to the level of a compelling interest sufficient to justify sealing documents in a warrant file, such persons or entities may file a motion to seal, ex parte, within seven days after the Clerk has filed the warrant papers. If no motion to seal has been filed within seven days after the Clerk has filed the warrant papers, the Clerk must open the file to the public for inspection and copying. If a motion to seal is filed, the miscellaneous warrant file must remain sealed until the Judge has ruled on the motion. The Judge must rule on any motion to seal within seven days after the motion is filed. If a motion to seal is denied, the miscellaneous warrant file must remain sealed during the period in which an appeal may be filed. When the Judge delivers the warrant papers to the Clerk for filing, the Clerk must create and maintain a separate miscellaneous file which must contain the application for the warrant, all supporting affidavits and any return inventory, related motions or orders. The Clerk must also create and maintain a docket sheet, open to the public for inspection and copying, for every miscellaneous warrant file, including files in which an order to seal has been entered. The docket sheet must contain docket entries that describe generally each document in the file and reflect the number of pages of each such document. If the Judge enters an order granting a motion to seal, the Clerk must maintain all documents within the scope of the order to seal in a sealed miscellaneous file. Any person or other entity seeking to challenge the grounds supporting an order to seal documents contained in a miscellaneous warrant file must submit a motion, directed to the Magistrate Judge or District Judge who signed the warrant, stating specific grounds supporting the release of the sealed documents. In opposing such a motion, the party who obtained the order to -2- seal has the burden of establishing that a compelling interest justifies a restriction of the public=s qualified first amendment right of access to the documents in question and that no less restrictive alternative to sealing is appropriate or practical. In appropriate cases, the Judge may conduct an in camera hearing to develop the facts necessary to determine whether a compelling interest justifies sealing the documents in question. If the Judge concludes that the documents should remain under seal, the Judge will enter an order under seal containing specific findings that explain why sealing is necessary and why no less restrictive alternatives are practical or appropriate. The Clerk must open any sealed miscellaneous warrant file after a related indictment or information is filed. DATED this 20th day of September, 2001. /s/ Susan Webber Wright SUSAN WEBBER WRIGHT, CHIEF JUDGE UNITED STATES DISTRICT COURT Amended November 10, 2009 Amended June 1, 2010 -3- IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN THE MATTER OF FILING OF CIVIL RIGHTS CASES UNDER TITLE VII (42 USC 2000e) GENERAL ORDER NO. 29 The recent Supreme Court decision in Baldwin County Welcome Center v. Brown prohibits the tolling of the time for filing the Complaint in a Title VII (42:2000e) case upon the filing of the right-to-sue letter. This Court has experienced some procedural problems in the expeditious filing of these cases since the plaintiff usually waits until the deadline approaches to bring in his right-to-sue letter, and normally has a Motion to Proceed In Forma Pauperis (IFP) attached to the letter. Unless the Court gives an immediate ruling on the Motion to Proceed IFP, the 90-day time limit will expire, thus denying plaintiff his day in court. In order to more expeditiously process these Title VII (42:2000e) cases through the filing stage, the Court hereby adopts the following procedures: A. WHEN THE RIGHT-TO-SUE LETTER IS BROUGHT IN PERSONALLY BY PLAINTIFF: 1. The Clerk will inquire if plaintiff desires to proceed IFP and desires to have counsel appointed. 2. If answered affirmatively, the Clerk will provide plaintiff with the necessary forms for requesting leave to proceed IFP and the support affidavit. If plaintiff desires the Court to appoint counsel that form will also be provided. 3. A form of Complaint under Title VII will be furnished to plaintiff who will complete the form and return it to the Clerk immediately. The right-to-sue letter is to be attached to the Complaint. 4. The Clerk is hereby given authority to approve the petition to proceed as a pauper, and promptly file the Complaint. Upon review of the petition, if it is determined by the Judge to whom the case is assigned that the plaintiff is not a pauper and the Complaint was erroneously filed, he/she will notify the plaintiff to pay the statutory filing fee or the Complaint will be dismissed. 5. The assigned Judge will rule on the pending Motion for Appointment of Counsel. 6. The Clerk=s office should make no effort to determine if the Complaint is filed within 90 days from receipt of the right-to-sue letter. 7. This procedure eliminates the setting up of a miscellaneous file for this proceeding. B. WHEN THE RIGHT-TO-SUE LETTER ONLY IS RECEIVED BY MAIL: 1. The Clerk will file stamp the right-to-sure letter and set up a miscellaneous case file. 2. The Clerk will promptly (meaning the same day) send to plaintiff the forms to proceed IFP, request for Appointment of Counsel, and the form for Complaint. The Clerk shall mail these documents with a transmittal letter explaining the importance of filing the Complaint within the 90-day time period, and that plaintiff will be in a danger of losing his right to proceed under Title VII if the Complaint is not timely filed. A copy of the letter will be placed in the miscellaneous file. The Complaint, IFP form, and Motion for Appointment of Counsel should all be cross-referenced with the miscellaneous case file number in order to retrieve the right-to-sue letter when the completed forms are returned. 3. Upon receipt of the completed forms set out in paragraph 2 above, the Clerk and assigned Judge will follow the procedures outlined in paragraph A4 through A6 above. IT IS SO ORDERED THIS 7th day of January, 1991. FOR THE COURT: /s/ Garnett Thomas Eisele G. THOMAS EISELE, CHIEF JUDGE UNITED STATES DISTRICT COURT IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN THE MATTER OF THE PRACTICE OF EX-LAW CLERKS GENERAL ORDER NO. 32 General Order No. 31, dated June 6, 1986, is hereby set aside. Effective the 1st day of July 1985, no person who was employed as a law clerk by and for any judge of this Court shall, directly or indirectly, participate in any contested proceeding before that judge for the period of two (2) years after said person=s termination of employment as such law clerk. This prohibition is also personal to the judge involved and will not disqualify any other judge of this Court from handling any such matter. The Clerk of this Court will keep a record on the ex-law clerks of each judge. In the event a contested proceeding participated in by an ex-law clerk during the prohibited period is, by the draw, assigned to the judge for whom, and under whose direction, said law clerk previously worked, then that judge will be deemed to have automatically recused himself or herself, and the Clerk, without further instructions, will redraw the case until it falls to another non-disqualified judge. This Order shall also apply to the ex-law clerks of the United States Magistrates except with regard to routine pre-trial appearances in criminal cases. Further, this Order shall also apply to the law clerks of United States Bankruptcy Judges EXCEPT that the prohibited period will be one year rather than two years and EXCEPT that there shall be no prohibited period for persons whose employment as bankruptcy law clerks terminated prior to the date of this Order or to those persons currently employed as bankruptcy law clerks. The latter exception is provided inasmuch as the bankruptcy law clerks currently employed accepted their positions when no prohibited period applied in regard to them. DATED this 25th day of June, 1986. NUNC PRO TUNC July 1, 1985, except in regard to law clerks for United States Bankruptcy Judges as set forth above. FOR THE COURT: /s/ Garnett Thomas Eisele G. THOMAS EISELE, CHIEF JUDGE UNITED STATES DISTRICT COURT 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN THE MATTER OF AUTHORIZATION FOR PRETRIAL SERVICES TO CONDUCT URINALYSES IN CONNECTION WITH PRETRIAL SERVICES INVESTIGATIONS GENERAL ORDER NO. 37 Section 7304 of the Anti Drug Abuse Act of 1988 (Pub. L. No. 100-690, 102 Stat. 4464 (November 18, 1988)) created a two year demonstration drug testing program, requiring, inter alia, drug testing of criminal defendants to be completed, where feasible, prior to the defendants= appearance before judicial officers. The Eastern District of Arkansas was selected by the Judicial Conference as one of the eight districts to participate in the program. That pilot program commenced on January 1, 1989, and terminated by operation of the statute on December 31, 1990. The Court has been advised, however, that the Administrative Office of the United States Courts will provide funding to test criminal defendants prior to their initial appearances for those demonstration districts that choose to continue the program pending congressional action on a permanent and national testing program. The Court has considered its experience with the pretrial drug testing pilot program over the two years of its operation and finds that the program has resulted in the judicial officers of this district receiving important, relevant, and timely information that permitted those officers to make more informed pretrial release decisions under the provisions of 18 U.S.C. Section 3142. The program=s operation has not only resulted in more informed pretrial release decisions but has also made the identification of defendants with special problems possible. In many instances it has resulted in much needed help for defendants who want it. IT IS THEREFORE ORDERED that the Probation Office for the Eastern District of Arkansas be, and it is hereby, authorized to continue performing urinalyses for criminal defendants accused of drug manufacture, possession, or distribution prior to their initial appearance before the judicial officers of this district and that the results of those tests be included in the pretrial services report presented to those officers. In all other cases, a pretrial services officer shall contact the duty magistrate judge to determine whether the defendant shall be tested. DATED this 13th day of November, 1991. /s/ Stephen M. Reasoner STEPHEN M. REASONER, CHIEF JUDGE U. S. DISTRICT COURT 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS FILED U.S. CISTRICT COURT EASTERN DISTRICT ARKANSAS IN THE MATTER OF IMPLEMENTATION AUG 2 0 2025 OF LOCAL RULE 40.1 ON CASE ASSIGNMENTS IN THE EASTERN DISTRICT OF ARKANSAS AMENDED GENERAL ORDER NO. 39 (a) All actions and proceedings shall be assigned by a random selection process, except as specifically set out in sections (d) and (t) ofthis General Order. (b) The clerk will perform the random selection process using a percentage draw for each district judge, except as specifically set out in section (c). From time to time, and without regard to any particular action or proceeding, the Court will set each district judge' s percentage draw for new matters filed in each division. The Court will consider all material circumstances when setting the percentage draw, including but not limited to the following: status (active or senior); duty station; administrative responsibilities; case type; and case weight. (c) The clerk will make random, district-wide assignments, with equal participation by all district judges, in: (1) civil actions seeking to bar or mandate statewide enforcement of a state law, including a rule, regulation, policy, or order of the executive branch or a state agency, whether by declaratory judgment, any form of injunctive relief, or both; and (2) civil actions seeking to bar or mandate nationwide enforcement of a federal law, including a rule, regulation, policy, or order of the executive branch or a federal agency, whether by declaratory judgment, any form of injunctive relief, or both. If the filing party seeks relief under subsection (1) or (2) above, the JS-44 civil cover sheet should note that the case seeks to bar or mandate statewide or nationwide enforcement of a state or federal law. (d) Civil cases shall be assigned directly to a particular judge only in the following circumstances: (1) Voluntary Nonsuit. When the plaintiff takes a voluntary nonsuit in a case and later refiles that same case, the clerk will assign it to the judge who handled it at the time of the entry of the nonsuit order. The complaint in the refiled case shall contain a brief paragraph identifying, by style and case number, the former proceedings in which the voluntary nonsuit was entered and the name of the judge handling the case when the voluntary nonsuit order was entered. (2) Bankruptcy Cases. When the randomly drawn district judge determines that a bankruptcy matter should proceed as a civil action, the clerk will assign the civil action directly to the district judge who made the determination. (3) Habeas Corpus Petitions. Once a habeas corpus petition has been randomly assigned, all successive petitions emanating from the same state criminal proceeding on which the first petition was based shall be assigned directly to the district judge/magistrate judge who handled the first petition. (4) Civil Cases Attacking Federal Sentence. Civil cases, filed pursuant to 28 U.S.C. § 2255 , attacking a sentence imposed by a federal court shall be assigned directly to the sentencing judge in the criminal case. (5) Related Cases. There may be rare situations in which a party believes a new civil case should be directly assigned to a particular judge because the new case is closely related to a pending case or a closed case and the assignment thereof to a different judge would result in a significant waste of judicial time. If a plaintiff believes judicial economy requires such a direct assignment, the plaintiff should so indicate by a separate filing entitled "Notice of Related Case" to be filed contemporaneously with the complaint and served with the complaint upon the defendant(s). If a party other than the plaintiff believes a new case should be directly assigned to a judge who is handling a pending closely related case or who handled a prior closely related case, that party should file a "Notice of Related Case" with its first pleading and serve a copy thereof on all other parties. When any party who initiates a case files a "Notice of Related Case," the new case shall be tentatively assigned to the judge who is handling the pending case or who handled the prior case. The "Notice of Related Case" shall identify, by style and case number, the pending or closed case and shall contain a brief statement setting out why judicial economy dictates direct assignment to a particular judge. Each adverse party shall have fourteen days after receiving the ''Notice of Related 2 Case" within which to file a brief statement opposing this related-case assignment. The judge, exercising discretion and through written order, may shorten or extend the time for filing a response to the "Notice of Related Case." After reviewing the cases and the submissions of the parties to determine whether the cases are closely related and whether this non-random assignment is likely to result in significant savings of judicial resources, the judge assigned the new case may, in his or her sole discretion, decide either to keep the new case or to notify the clerk to assign the new case by random draw. The decision of the judge is final and not subject to review. In the interest of judicial economy, the Court may on its own motion note closely related cases and tentatively reassign them to the judge who is handling the first-filed pending case or who handled the first-filed closed case. The clerk will notify the affected parties in any pending case of this action. Within fourteen days of this notice, any party may submit a filing stating the party' s views on the reassignment. The judge, exercising discretion and through written order, may shorten or extend the time for a response to the clerk' s notice. After reviewing the cases and the parties' submissions to determine whether the cases are closely related and whether this non-random assignment is likely to result in significant savings of judicial resources, the judge assigned the new case may, in his or her sole discretion, decide either to keep the new case or to notify the clerk to reassign the new case by random draw. The decision of the judge is final and not subject to review. In implementing this subsection (d)(S) of this General Order, the clerk will determine the first-filed case. The clerk must do so by considering the date and time of filing of all the closely related cases in all three divisions. The first-filed case is the earliest case filed irrespective of the case number or the division. (6) Civil Forfeiture. When a civil forfeiture action arises out of a previously filed criminal case, the clerk shall directly assign the civil forfeiture action to the judge who handled the criminal case. (e) Consolidation of Civil Cases. Any party to a civil case may move for consolidation of pending cases. If the motion is granted by each judge presiding in a pending case, the consolidation cases will be assigned to the judge with the first-filed case. The clerk must consider the date and time of filing of all cases to be consolidated across all three divisions. The first-filed case is the earliest case filed irrespective of the case number or division. 3 (t) Criminal Cases. Criminal cases shall be assigned solely on a random selection basis, except as specifically set out in subsections (t)(l) and (±)(2) of this General Order. (1) Any party to a criminal case may move for consolidation of pending cases. If this motion is granted by each judge presiding in a pending case, the consolidated cases will be assigned to the judge with the first-filed case. The clerk must consider the date and time of filing of all cases to be consolidated across all three divisions. The first-filed case is the earliest case filed irrespective of the case number or division. (2) When a defendant under supervision in a federal case is indicted on a new federal charge, if appointed counsel is needed, the same lawyer will be appointed to represent the defendant in the revocation proceedings and on the new indictment. To promote judicial economy, the same districtjudge will preside over all these related cases. The new case resulting from the new indictment will be assigned to the district judge presiding in the first- filed case, as defined in subsection (d)(5), if practicable. Otherwise, the clerk will randomly assign the new case and reassign the older case or cases to the selected judge. The defendant's initial appearance on the revocation petition shall be referred to the magistrate judge who presides over the defendant's initial appearance on the new case resulting from the new indictment. The Court on its own may note that a new case resulting from a new indictment and revocation proceedings are related. Any party to a criminal case may also submit a filing indicating that a new case resulting from a new indictment is related to revocation proceedings. This filing shall identify, by style and case number, the pending or closed case and shall contain a brief statement setting out why judicial economy supports direct assignment to a particular judge. After reviewing the cases and the submission of the parties to determine whether the cases are closely related and whether this non-random assignment is likely to result in significant savings of judicial resources, the judge assigned the new case may, in his or her sole discretion, decide either to keep the new case or to notify the clerk to assign the new case by random draw. The decision of the judge is final and not subject to review. (g) No person shall take any action designed to cause the assignment of any proceeding to a particular judge contrary to the provisions of this General Order. The method of assignment shall assure that the identity of the assigned judge will not be disclosed by the clerk, the clerk's staff, nor by any other person, until after filing. The method of assignment is also designed to 4 prevent any litigant from choosing the judge to whom an action or proceeding is to be assigned. Any attempt by any attorney to circumvent these assignment rules or to exploit the method of assignment for the purpose of choosing a presiding judge shall constitute grounds for discipline, including disbarment. Any act by any employee of this Court done for the purpose of causing the assignment of any case or proceeding contrary to the provisions of this General Order shall be considered a proper basis for immediate discharge. It is hereby ordered this 20th day of August 2025. KRISTINE G. BAKER, CHIEF JUDGE UNITED STATES DISTRICT COURT Filed May 4, 2001 Amended November 10, 2009 Amended August 20, 2025 5 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN THE MATTER OF PRESENTENCE REPORTS GENERAL ORDER NO. 43 Pursuant to the authority granted by amended Rule 32(e)(3) (formerly Rule 32(b)(6)(A)), FRCrP, effective December 1, 1994, the court opts out of the probation officer's recommendation disclosure provision. Unless otherwise directed by order of a judge of this court, the probation officer's recommendation, if any, on the sentence shall remain confidential and shall not be disclosed. DATED this 19th day of December, 1994, nunc pro tunc December 1, 1994. /s/ Stephen M. Reasoner STEPHEN M. REASONER, CHIEF JUDGE UNITED STATES DISTRICT COURT IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN THE MATTER OF THE AUTHORITY OF BANKRUPTCY JUDGES TO CONDUCT JURY TRIALS IN CERTAIN CIVIL PROCEEDINGS GENERAL ORDER NO. 44 It appears to the Court that the "Bankruptcy Reform Act of 1994" (H.R. 5116) enacted on October 22, 1994, amends 28 U.S.C. ' 157 by adding a new subsection (e) to empower a bankruptcy judge to conduct a jury trial, provided that the bankruptcy judge is specially designated to exercise such jurisdiction by the District Court and further provided all parties expressly consent. Specifically, 28 U.S.C. ' 157(e) provides as follows: If the right to a jury trial applies in a proceeding that may be heard under this section by a bankruptcy judge, the bankruptcy judge may conduct the jury trial if specially designated to exercise such jurisdiction by the district court and with the express consent of all the parties. Based on the foregoing, and if the right to a jury trial exists and applies in a civil proceeding that may be heard under 28 U.S.C. ' 157 by a bankruptcy judge, this Court specially designates that the bankruptcy judges of this Judicial District may exercise such jurisdiction by the District Court and conduct jury trials with the express consent of all the parties. DATED this 13th day of November, 1995. BY THE COURT: /s/ Stephen M. Reasoner STEPHEN M. REASONER, CHIEF JUDGE UNITED STATES DISTRICT COURT IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN THE MATTER OF RULE F-1 OF THE RULES OF THE UNITED STATES DISTRICT COURTS FOR THE EASTERN AND WESTERN DISTRICT OF ARKANSAS GENERAL ORDER NO. 45 The reference of prisoner petitions covered by Rule 72.1 (VIII) (B) (formerly Rule F-1 (VIII) (B) (1)) of the Rules of the United States District Court for the Eastern and Western Districts of Arkansas shall include conditions cases filed by federal prisoners. DATED this 17th day of December, 1996. FOR THE COURT: /s/ Stephen M. Reasoner STEPHEN M. REASONER, CHIEF JUDGE UNITED STATES DISTRICT COURT IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN THE MATTER OF THE REFUND OF CASH BONDS RECEIVED IN CRIMINAL AND CIVIL CASES GENERAL ORDER NO. 46 The Clerk is authorized, upon the final completion of each case, to refund to the appropriate party cash bail in criminal matters and cash bonds for costs in civil cases. It is SO ORDERED this 10th day of March, 1997. /s/ Stephen M. Reasoner STEPHEN M. REASONER, CHIEF JUDGE UNITED STATES DISTRICT COURT UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN THE MATTER OF INTERNET POLICY FOR THE EASTERN DISTRICT OF ARKANSAS GENERAL ORDER NO. 47 The following shall be the Internet policy of this Court: 1. PURPOSE. The purpose of this bulletin is to provide guidance for Aacceptable use@ of the Internet by Court employees. 2. SCOPE. This bulletin applies to all Court employees who use the Internet in the performance of their jobs. 3. RESPONSIBILITY. With the increased use of Internet services throughout the Judiciary, it is important that these tools are used properly and in the best interests of the government. Since no two employees will use the Internet in exactly the same way, each user will have to exercise individual responsibility and judgment as to appropriate use within the broad guideline of Aofficial business.@ Judicial Officers and Unit Executives are responsible for determining which of their staff require Internet access to carry out their jobs; providing required computer systems, software, and security devices; and, training on the proper use of the Internet. Copies of this Bulletin should be provided to each staff member who either has or requests Internet access. 4. WHAT USERS SHOULD KNOW ABOUT INTERNET AND INTERNET E-MAIL. The Internet is an informal collection of government, military, commercial, and educational computer networks. It is essential that users understand some of the limitations of the Internet and the Internet e-mail system including security and delivery of an e-mail message. 1 The Internet is an unsecured network. As such, information and e-mail on the Internet can be read, broadcasted, or published without the knowledge or consent of the author. Users should be aware that cc:Mail is converted to e-mail and may be sent via the Internet. Consequently, cc:Mail should be treated with the same precautions as e-mail. Most sites maintain records of all users or entities accessing their resources. These records may be open to inspection and publication without the user=s knowledge or consent. If the activity of the user is other than official business, the publication of that activity could prove to be an embarrassment for the Court and the entire federal Judiciary. Internet e-mail traffic is subject to inspection by a variety of persons and mechanisms, authorized and otherwise. Authorized personnel on any node between the origin and destination of a message may have to inspect message contents in order to dispatch stalled deliveries or resolve other failures. Users should not expect the messages they send or receive via the Internet to be private. Delivery and delivery times are not guaranteed due to unpredictable intermediary system and network outages, slowdowns, and polling intervals, etc. Consequently, users should not rely on Internet e-mail for time-sensitive communications or guaranteed delivery. Some messages may not be delivered although the message was correctly addressed. Receipt or non-receipt can only be confirmed through other positive means, not by inference or assumption. Note: the cc:Mail AReceipt Requested@ feature may not be honored by systems on the Internet. Users should not rely on this feature for Internet e-mail. Delivery and response times on the Internet, as well as the DCN, are determined by traffic and congestion on the network. For example, sending large files such as digital images to a large number of recipients will delay other traffic and may overload the system causing failure. Users are encouraged to use discretion when forwarding large e-mail messages to group addresses or 2 distribution lists. Congestion on the network can be caused by the propagation of Achain letters@ and Abroadcasting@ of lengthy messages to lists or individuals. These uses also place a burden on the shared data storage device of the e-mail post office. Internet e-mail access grants users the ability to subscribe to a variety of e-mail news groups, list servers, and other sources of information. These services are a potentially valuable information tool for some e-mail users; but again, the potential for network congestion is high. Users should be cautioned on the widespread use of mailing lists and list servers. In general, low- volume business related lists will not be a problem. Users should focus on one subject per message and always include a pertinent subject title for the message to enable the reader to locate the message quickly. Remember the basic elements of effective writing: clarity, brevity, and courtesy. Users should be reminded they bear sole responsibility for material they send, access, or display on the Internet or in Internet e-mail. 5. PROCEDURES. The following procedures should be followed to ensure that employees use the Internet safely and productively, and that the Internet is not used in any way that could compromise the interests of the judiciary. These guidelines apply to all Internet services, including but not limited to: electronic mail (e-mail), Web browsers, Telnet, and File Transfer Protocol (FTP). Access to Internet: Employees with a valid need to use the Internet should secure written approval of their Judicial Officer or Unit Executive by including their name, purpose of Internet access, estimated hours per month use, and that they understand that access is provided for official government purposes only. The Judicial Officer or Unit Executive should forward their approval to the Systems Department for connection. Government-provided Internet access is subject to being withdrawn at the discretion of the Judicial Officer or Unit Executive. 3 Monitoring: The Systems Department will not monitor the Internet activity log for compliance with acceptable use policies unless requested by a Judicial Officer or requested by a Unit Executive and approved by the Chief Judge of the district. Responsible Internet Policies: The Internet allows employees to have electronic discussions of official government matters with other federal employees, private sector employees, and the worldwide general public. The Internet audience is virtually unlimited, and because one never knows who will read posted messages, care should be taken with what is said and how it is said. Connection to the Internet offers employees significant benefits in terms of increased access to information resources. However, connection to the Internet is a privilege and not a right. When accessing the Internet, employees must adhere to the same code of ethics that governs all other aspects of judiciary employee activity. Internet activity should not interfere with performance of official duties. Staff are encouraged to use the Internet to accomplish job responsibilities, to become more knowledgeable about Internet capabilities, and further the Court’s mission. Each Judicial Officer or Unit Executive may permit designated staff to use the Internet on personal time. Such use provides staff with an opportunity to practice Internet skills and explore Internet resources. Our Court benefits by permitting staff to use their own time to develop these skills. In the current environment of shrinking budgets and the need for staff to take on new and greater responsibilities, and develop new areas of expertise, use of the Internet can be an important avenue for training and development of skills. Since the Court pays one flat fee for all Internet access, there is no additional cost for personal use of the Internet. This policy allowing staff members to use the Internet on personal time is similar to our existing policy of allowing staff to use library collections and other resources on personal time and 4 has similar benefits. Just as a staff member who takes books home, visits the library, and participates in court events learns about the institution and acquires skills to become a better employee, a staff member who makes use of the Internet on personal time enhances his or her knowledge and skills of electronic information resources and gains skills in information technology. This use also enhances job-related knowledge and skills and provides cost-effective self-training opportunities. By encouraging employees to explore the Internet, the Court builds its pool of Internet-literate staff who can then guide and encourage those around them. With this in mind, staff is encouraged to use official time to attend meetings and programs related to the Internet and to serve as trainers for other staff who may wish to use the Internet. Employees may not use the Internet for prohibited activities. Employees are expressly forbidden from creating unauthorized satellite home pages or other similar works and are cautioned to use great care that no statements are made which may appear to express agency policy or position which are not authorized. Prohibited activities are: 1. making unauthorized statements regarding agency policies or practices; 2. transmitting confidential information (such as that relating to ongoing investigations, procurements, or litigation); 3. making unauthorized commitments or promises that might be perceived as binding the government; 4. using subscription accounts or commercial services that are not expressly authorized; 5. posting an unauthorized home page or similar web site; 6. engaging in chat room discussions through e-mail, etc.; 5 7. sending or displaying messages or pictures that are of an obscene or sexually explicit nature as defined in Miller v. California 413 U.S. 15, 23 (1972) or Ark. Code Ann. (1987) '5-68-302(4); 8. using the network connection for commercial purposes or private gain; 9. using the network for illegal activities; 10. unauthorized personal use. 11. Improper use or distribution of information is also prohibited. This includes copyright violations such as software piracy (Copyright law protects software authors and publishers just as patent law protects inventors. The Court may incur a legal liability for unauthorized copying of files or software even if the copy is used for official business). Employees should show respect for intellectual property and creativity by giving appropriate credit when files or portions of files are used while carrying out official duties. Employees should be mindful of procurement sensitive information and should not transmit it over the Internet. Judicial Officers, of course, occupy a special position in our system, which position necessitates that they enjoy the utmost autonomy. This means, by necessity, their Internet access must be protected by complete confidentiality, as with their research on Westlaw and Lexis. In order to protect the confidentiality of Internet research by Judicial Officers, no monitoring of judges= Internet activity shall be attempted by any court employee. Any violation of their rule shall result in immediate termination from employment. It is SO ORDERED this 28th day of May, 1997. /s/ Stephen M. Reasoner STEPHEN M. REASONER, CHIEF JUDGE UNITED STATES DISTRICT COURT 6 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS IN RE: APPOINTMENT OF THE FEDERAL PUBLIC DEFENDER IN ANCILLARY MATTERS GENERAL ORDER NO. 49 The following procedures are hereby established to authorize the appointment of the Federal Public Defender in ancillary matters pursuant to the Amended Criminal Justice Act Plan of the United States District Court for the Eastern District of Arkansas. The Federal Public Defender Office is hereby appointed on ancillary matters appropriate to the proceedings in which the Federal Public Defender was previously appointed pursuant to an Order of this CourtBprovided it is apparent to the Federal Public Defender that no change in the client=s financial condition has occurred which would render the person financially ineligible for appointment of counsel under the Criminal Justice Act and provided that the matter at hand will require substantial work by counsel and is significant enough to warrant appointment of counsel. If at any time during the representation in the ancillary matter, the Federal Public Defender obtains information that a client is financially able to make payment, in whole or in part, for legal or other services in connection with the representation, and the course of the information is not protected as a privileged communication, the Federal Public Defender shall advise the Court. This General Order shall serve to authorize the Federal Public Defender to provide assistance of counsel to financially eligible persons in ancillary matters even though the initial appointment of the Federal Public Defender has otherwise terminated due to the conclusion of the matter for which the Federal Public Defender was originally appointed. Prior to the appearance 1 in this court or any new matter filed against a Defendant, the Federal Public Defender shall present to the Court a financial affidavit completed by the client to be represented. DATED this 10th day of March, 1999. /s/ Susan Webber Wright SUSAN WEBBER WRIGHT, CHIEF JUDGE UNITED STATES DISTRICT COURT 2 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN RE ALTERNATIVE DISPUTE RESOLUTION GENERAL ORDER NO. 50 Purpose. In accordance with the Alternative Dispute Resolution Act of 1998, the United States District Court for the Eastern District of Arkansas has established an alternative Dispute Resolution (ADR) program. This program is designed to afford litigants an opportunity to reach a satisfactory resolution of disputes before litigation. The ADR Administrator. The Clerk of Court is appointed AADR Administrator.@ While attached administratively to the Clerk=s office, the ADR Administrator reports directly to the Chief Judge of this Court. The ADR Administrator must: (1) Prepare any applications for funding for the ADR program by the United States Government and other entities, and prepare reports required by the United States Government or other parties on the use of funds in the operation and evaluation of the ADR program; (2) Develop and maintain such forms, records, docket controls, and data as may be necessary to administer and evaluate the program, and, (3) Periodically evaluate the ADR program and submit the resulting evaluation to the Court, along with any recommendations for changes, if needed. The ADR Program. On the date of the enactment of the Alternate Dispute Resolution Act of 1998, the Court had an ADR program, the provision of settlement conferences conducted by a United States Magistrate Judge who has been trained to serve as a neutral in alternative dispute 1 resolution processes. Upon examination and review, the existing program is adopted as the ADR process of the court. (1) Exempted cases. Unless otherwise ordered by the court, the following cases are excluded from the program: (a) Appeals from rulings of administrative agencies; (b) Social Security Cases; (c) Bankruptcy appeals; (d) Habeas corpus and extraordinary writs; and (e) Prisoner civil rights cases. Consideration of the Alternative Dispute Resolution process. Litigants in all civil cases, except as exempted above, shall consider the use of the Alternative Dispute Resolution process provided by this Court at an appropriate stage in the litigation. Procedure: (1) This district=s United States Magistrate Judges are authorized to conduct settlement conferences in each civil case other than those cases exempted above. Such settlement conferences may be conducted if all parties consent to the same, or if all parties so request and the district judge assigned to the case believes that such would be useful. (2) All settlement conferences will be conducted at such times and under the procedures as may be established by the respective United States Magistrate Judges. (3) The rules governing disqualification, as set forth in 28 U.S.C. 455 and Canon 3 of 2 Code of Conduct for the United States Judges, will apply to a Magistrate Judge to whom a case is referred. Confidentially. Communications of litigants, attorneys and magistrate judges during the ADR process are confidential, and disclosure of these communications is prohibited. However, the magistrate judge shall be permitted to inform the presiding judge and/or Clerk=s office of the outcome of the process. Other ADR Processes. The litigants must not be prohibited or discouraged from utilizing other ADR processes to assist in the resolution of issues in controversy, such as mediation, minitrial, and arbitration. However, these procedures are not available in this Court’s ADR program. IT IS SO ORDERED this 31ST day of July, 2000. /s/ Susan Webber Wright SUSAN WEBBER WRIGHT, CHIEF JUDGE UNITED STATES DISTRICT COURT Amended August 16, 2012 3 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF ARKANSAS IN THE MATTER OF THE IMPLEMENTATION OF THE AMENDMENTS TO THE FEDERAL RULES OF CIVIL PROCEDURES EFFECTIVE DECEMBER 1, 2000 GENERAL ORDER NO. 51 The Court has determined that the amendments to the Federal Rules of Civil Procedure which are effective December 1, 2000, should be applied to all cases in which a defendant has not made an appearance as of December 1, 2000. This Order supersedes General Order 42 entered February 22, 1994. IT IS SO ORDERED this 30th day of November, 2000. /s/ Susan Webber Wright SUSAN WEBBER WRIGHT, CHIEF JUDGE UNITED STATES DISTRICT COURT ,17+(81,7('67$7(6',675,&7&2857 )257+(($67(51',675,&72)$5.$16$6   ,17+(0$77(52)7+(,03/(0(17$7,21 2)&$6(0$1$*(0(17(/(&7521,&&$6(),/,1* &0(&)       $0(1'('*(1(5$/25'(5   7KH&0(&)$GPLQLVWUDWLYH3ROLFLHVDQG3URFHGXUHV0DQXDOVIRU&LYLODQG&ULPLQDO )LOLQJVKDYHEHHQDSSURYHGE\WKH&RXUW  It isUHFRJQL]HdWKDWWKHVH0DQXDOVPD\UHTXLUH RFFDVLRQDOUHYLVLRQVZKLFKZLOOEHPDGHDVQHFHVVDU\ZLWKWKHDSSURYDORIWKH&RXUW   ,7,66225'(5('WKLVVWGD\RI'HFHPEHU        %5,$160,//(5&+,()-8'*( 81,7('67$7(6',675,&7&2857         IN THE UNITED STATES DISTRICT COURT EASTERN DISTRJCT OF ARKANSAS IN THE MATTER OF ELECTRONIC DEVICES IN THE COURTHOUSE AMENDED GENERAL ORDER NO. 54 IT IS HEREBY ORDERED: 1. Electronic devices are prohibited in courthouses beyond the security checkpoint except as allowed by this General Order and Local Rule 83.2. 2. The prohibition in paragraph 1 does not apply to the possession of electronic devices by employees and visiting employees of courthouse tenant agencies and contractors approved by the General Services Administration. 3. Members of the public may bring into a courthouse cell phones, Blackberries and PDA type devices that do not have the capacity to take photographs or to make films. However, each cell phone, Blackberry or PDA type device must be turned off and put away before a person carrying it enters into a courtroom and must remain off and remain put away while in the courtroom. 4. Lawyers and staff employed by the Department of Justice or the Federal Public Defender's Office may bring cell phones, laptop computers, Blackberries and PDA type devices into courthouses whether or not those devices have the capacity to take photographs or make films. 5. Upon request, the Court may issue an order authorizing other lawyers, their staff or support personnel, and law enforcement officers attending a proceeding to bring cell phones, laptop computers, Blackberries, and PDA type devices into a courthouse 1 while attending the proceeding whether or not those devices have the capacity to take photographs or films. An order authorizing a lawyer, his/her staff or support personnel, or law enforcement officer to bring an electronic device into a courthouse will identify the person so authorized by name and specify the date or dates during which permission is granted. That person must then present the order and a photo I.D. to Court Security Personnel at the security checkpoint. A person who is allowed an electronic device into a courthouse pursuant to this paragraph, and has subsequent court hearings within the courthouse on the same day, will be allowed to retain the electronic device during his or her time at the courthouse. 6. Active attorneys licensed to practice in Arkansas and the Eastern District of Arkansas may request issuance of a “Court Technology Permit” by the Clerk of Court. The permit card will be effective for two years. The Clerk will issue the permit card to those attorneys who make written request when paying their biennial assessment. The permit card will contain the attorney’s name, firm, city, state and Arkansas bar number. If an attorney presents a permit card and a photo identification upon entering the courthouse, he or she will be allowed to bring cell phones, lap tops, Blackberries and PDA type devices into the courthouse whether or not those devices have the capacity to take photos or make film. In the event an attorney’s permit is lost, the attorney should notify the Clerk’s office as soon as possible. 7. A person who brings an electronic device into a courthouse pursuant to paragraphs 4, 5, and 6 above will be subject to the following rules: (a) that person may not record, photograph, or film anyone or anything inside the courthouse; (b) cell phones, Blackberries or PDA type devices must be turned off and put away when in courtrooms; and 2 (c) wireless internet components of electronic devices must be deactivated when in district courtrooms. The United States Marshals Service is hereby directed to enforce this General Order. A violation of paragraph 7(a), (b), or (c) may result in seizure of the electronic device, withdrawal of the privilege to bring an electronic device into the courthouse, or other sanctions. A violation of the prohibition on recording, photographing, or filming anyone or anything inside the courthouse may be punished as contempt of court. 8. Before persons with electronic devices are granted entry into the courthouse, all devices must be examined by the United States Marshals Service or Court Security Personnel. This examination includes, but is not limited to placing the device through electronic screening machines and requiring the person possessing the device to turn the power to the device off and on. 9. The United States Marshals Service may further restrict electronic devices from entering the building should a threat assessment so dictate. IT IS SO ORDERED this 16th of April, 2009. 3 IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN THE MATTER OF IMPLEMENTATION OF LOCAL RULE 67.1 ON DEPOSIT AND INVESTMENT OF REGISTRY FUNDS GENERAL ORDER NO. 55 The Court, has determined that it is necessary to adopt local procedures to ensure uniformity in the deposit and investment of funds in the Court’s Registry. IT IS ORDERED that the following shall govern the receipt, deposit, and investment of registry funds: I. Receipt of Funds. A. No money shall be sent to the Court or its officers for deposit in the Court’s registry without a court order signed by the presiding judge in the case or proceeding. B. The party making the deposit or transferring funds to the Court’s registry shall serve the order permitting the deposit or transfer on the Clerk of Court. C. Unless provided for elsewhere in this Order, all monies ordered to be paid to the Court or received by its officers in any case pending or adjudicated shall be deposited with the Treasurer of the United States in the name and to the credit of this Court pursuant to 28 U.S.C. ' 2041 through depositories designated by the Treasury to accept such deposit on its behalf. II. Investment of Registry Funds. A. Where, by order of the Court, funds on deposit with the Court are to be placed in some form of interest-bearing account or invested in a court-approved interest- bearing instrument in accordance with Rule 67 of the Federal Rules of Civil Procedure, the Court Registry Investment System (ACRIS@), administered by the Administrative Office of the United States Courts under 28 U.S.C. ' 2045, shall be the only investment mechanism authorized. B. Interpleader funds deposited under 28 U.S.C. ' 1335 meet the IRS definition of a ADisputed Ownership Fund@ (DOF), a taxable entity that requires tax administration. Unless otherwise ordered by the court, interpleader funds shall be deposited in the DOF established within the CRIS and administered by the Administrative Office of the United States Courts, which shall be responsible for meeting all DOF tax administration requirements. C. The Director of Administrative Office of the United States Courts is designated as custodian for CRIS. The Director or the Director=s designee shall perform the duties of custodian. Funds held in the CRIS remain subject to the control and jurisdiction of the Court. D. Money from each case deposited in the CRIS shall be Apooled@ together with those on deposit with Treasury to the credit of other courts in the CRIS and used to purchase Government Account Series securities through the Bureau of Public Debt, which will be held at Treasury, in an account in the name and to the credit of the Director of Administrative Office of the United States Courts. The pooled funds will be invested in accordance with the principles of the CRIS Investment Policy as approved by the Registry Monitoring Group. E. An account for each case will be established in the CRIS Liquidity Fund titled in the name of the case giving rise to the investment in the fund. Income generated from fund investments will be distributed to each case based on the ratio each account=s principal and earnings has to the aggregate principal and income total in the fund after the CRIS fee has been applied. Reports showing the interest earned and the principal amounts contributed in each case will be prepared and distributed to each court participating in the CRIS and made available to litigants and/or their counsel. F. For each interpleader case, an account shall be established in the CRIS Disputed Ownership Fund, titled in the name of the case giving rise to the deposit invested in the fund. Income generated from the fund investments will be distributed to each case after the DOF fee has been applied and tax withholdings have been deducted from the fund. Reports showing the interest earned and the principal amounts contributed in each case will be available through the FedInvest/CMS application for each court participating in the CRIS and made available to litigants and/or their counsel. On appointment of an administrator authorized to incur expenses on behalf of the DOF in a case, the case DOF funds should be transferred to another investment account as directed by court order. III. Fees and Taxes A. The custodian is authorized and directed by this Order to deduct the investment services fee CRIS fee of an annualized 10 basis points on assets on deposit for all CRIS funds, excluding the case funds held in the DOF, for the management of investments in the CRIS. According to the Court’s Miscellaneous Fee Schedule, the CRIS fee is assessed from interest earnings to the pool before a pro rata distribution of earnings is made to court cases. B. The custodian is authorized and directed by this Order to deduct the DOF fee of an annualized 20 basis points on assets on deposit in the DOF for management of investments and tax administration. According to the Court’s Miscellaneous Fee Schedule, the DOF fee is assessed from interest earnings to the pool before a pro rata distribution of earnings is made to court cases. The custodian is further authorized and directed by this Order to withhold and pay federal taxes due on behalf of the DOF. This Order supersedes and abrogates all prior orders of this Court regarding the deposit and investment of registry funds. It is SO ORDERED this 20th day of April , 2017. /s/ Brian S. Miller BRIAN S. MILLER, CHIEF JUDGE UNITED STATES DISTRICT COURT IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS IN THE MATTER OF ATTORNEY ADMISSIONS AND PRO HAC VICE FEES GENERAL ORDER NO. 56 Effective September 1, 2013, the Eastern and Western District of Arkansas will suspend the $10 Biennial Assessment until further notice because of the adoption of new fee schedules for Attorney Admissions and Pro Hac Vice Applications. The funding associated with these new fees will be collected and deposited to the Library Fund. Fees deposited to the Library Fund will be utilized in a manner consistent with Local Rule 83.6. It is SO ORDERED this 20th day of August, 2013. /s/ Brian S. Miller BRIAN S. MILLER, CHIEF JUDGE UNITED STATES DISTRICT COURT FILED U.S. DISTRICT COURT EASTERN DISTRICT ARKANSAS iN THE UNITED STATES DISTRICT COURT SEP 2 62019 FOR THE EASTERN DISTRICT OF ARKANSAS JAMES W. (MQRMACK, CLERK By: DEP CLERK IN RE: INTERSTATE AGREEMENT ON DETAINERS ACT WAIVERS GENERAL ORDER NO.58 When a federal detainer is, or is expected to be, filed for a defendant serving a sentence in a non-federal jurisdiction for unrelated crimes, that defendant has the right to remain in federal custody until final disposition of the federal charges. Interstate Agreement on Detainers Act (TADA), 18 U.S.C. app. § 2 Art. IV(e). Defendants may waive their rights under the TADA, however, by filing a valid Notice of Waiver of Rights under the Interstate Agreement on Detainers Act. If a defendant files a Notice of Waiver that is signed by the defendant, defense counsel, and a lawyer from the U.S. Attorney's office, the U.S. Marshal is authorized to return the defendant to the jurisdiction with original custody without further order of the court. After returning a defendant to state or local custody, the U.S. Marshal must file a Detainer with that custodial authority, which will constitute a hold on the defendant. D. P. MARSHALL JR. CHIEF JUDGE
Official source: https://www.are.uscourts.gov/sites/are/files/general-orders/COMPLETE%20COPY.pdf · retrieved 2026-07-23